This week, ABA’s legal team provides a preview of key cases in
the Supreme Court’s 2018-19 term and their significance for banks.
Among these cases:
Lusnak v. Bank of America, a case involving whether
state law can preempt the National Bank Act.
Weyerhaeuser v. U.S. Fish and Wildlife Service, which
along with Lusnak may test the limits of
“Chevron deference” — the deference that U.S. courts
give to regulatory agencies in interpreting their own
regulations.
Lorenzo v. SEC, a case over whether an employee is
liable for false statements made unknowingly on behalf of an
employer.
Obduskey v. McCarthy & Holthus LLP, which will
determine whether the Fair Debt Collection Practices Act
applies to nonjudicial mortgage foreclosures.
Multiple cases involving chickens, ducks and the interstate
commerce clause. “It gives us a sense of how the court views
federal preemption, and preemption is important in banking law,”
says ABA General Counsel Dawn Causey. “When you get a patchwork of
different state laws, it can become very difficult to comply.”
Bank executive insights, unique business strategies, regulatory updates from D.C., and fun banking stories—all this and more on the ABA Banking Journal Podcast, brought to you weekly by the American Bankers Association's award-winning podcast team.